THE CONCEPT OF A LEGAL ENTITY OF PUBLIC LAW IN THE CONTEXT OF EUROPEAN INTEGRATION
Journal: International scientific journal "Internauka." Series: "Juridical Sciences" (Vol.1, No. 69)Publication Date: 2023-11-30
Authors : Kovaliv Myroslav; Petkov Sergey; Skrynkovskyy Ruslan; Khmyz Mariana; Yesimov Serhii;
Page : 178-184
Keywords : legal entity; public law; administrative law; state administration; civil law; legal status; public interests; public functions;
Abstract
The article, based on a comprehensive system analysis based on the current Ukrainian legislation and the legislation of the countries of the European Union, examines the concept of a legal entity of public law in the context of European integration. The purpose of the study is to determine the nature of legal entities of public law. In the process of research, general scientific methods were used: system analysis and synthesis, induction and deduction, comparison, generalization, classification. Special legal methods were used: formal legal, historical and legal and comparative legal. It is noted that the legal status of legal entities of public law requires research, since it is not sufficiently developed and meaningful from the point of view of modern legislation. Features are identified that allow distinguishing legal entities of public law from other legal entities. The sign is the purpose of the activity: satisfaction of public interests and compliance with the formal status of the subject: securing the special status of a legal entity in legislation. Taking into account the purpose of an legal entity's activity and the fact that its formal status corresponds, the concept of a legal entity of public law is distinguished. This is a legal form created for participation in public relations, the purpose of the activity is to satisfy the public interest. The interest must be officially recognized by the state and enshrined in a source of law. Legal regulation may directly establish that a legal entity or the organizational and legal form of a legal entity in which it is created is a legal entity of public law or performs public functions. The concept of legal entities of public law should be implemented in the legislation of Ukraine through the Law of Ukraine «On Legal Entities of Public Law». This is indicated by foreign experience not only of the countries of the European Union, but also of countries wishing to join the European Union, where this concept is put into practice.
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